Retirement board could cut Easton firefighter’s pension

The Bristol County Retirement Board must reduce the pension of longtime Fire Capt. John R. Howard if it determines that Howard ended his employment due to “moral turpitude.”

In that case, Howard would be eligible to receive only what he has paid into the retirement system since 1975, plus interest, a lawyer for the board said.

The 53-year-old Howard pleaded guilty Feb. 11 in Taunton Superior Court to raping a boy at least four times between 1995 and 1999, beginning when the child was 12. He notified the town the same day that he intended to retire.

The Retirement Board met Wednesday morning to discuss Howard’s case with its lawyer, Michael Sacco, even though the board has not yet received a retirement application from Howard.

Howard was jailed at the House of Correction in Dartmouth last week pending his sentencing on March 28. His lawyer, Collin W. Gillis, indicated Wednesday that he expected Howard to file a retirement application soon.

In deciding whether to approve Howard’s pension, the board must first consider whether there was a “direct link” between Howard’s work and the crime he committed, Sacco said.

While it “doesn’t appear there was any link,” Sacco suggested the board have him explore the matter further through the district attorney’s office.

The board must also consider whether Howard’s decision to terminate his employment with the town “was the result of moral turpitude on the part of Mr. Howard,” Sacco said.

If it was, then under the law, Howard would not be eligible for his full pension, estimated at $49,000 annually. Instead, Howard could only receive the money he paid into the retirement system plus interest, Sacco said.

John L. Walsh, director of operations for the Retirement Board, said it would be difficult to estimate what Howard might receive. He said Howard contributed 7 percent of his salary toward his retirement during his years in Easton.

Among the Retirement Board members who will decide whether Howard gets his pension is another Easton Fire Department captain, William M. Downey.

Walsh said the board’s lawyer has already cleared Downey to vote on Howard’s pension, finding no conflict. Downey is elected from the retirement system’s membership to sit on the board.

The board meets again April 3.

Vicki-Ann Downing can be reached at vdowning@enterprisenews.com.

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